This page along with the documents expressly referred to on it provides you with information about us and the legal terms and conditions (T & C’s ) on which we sell any of the products (Products) listed on our website. These T & C’s will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. You will be asked to agree to these T & C’s before lacing any orders.
Please click on the button marked "I Accept" on the order form if you accept them. If you do not accept these T&C’s you will not be able to order any Products from our site.
We will not file a copy of the Contract between us. We amend these T&C’s from time to time as set out in clause 7. Every time you wish to order Products, please check these T&C’s to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 5th March 2018. These T & C’s , and any Contract between us, are displayed in the English language.
1. About Us
1.1. We operate the website www.funkihomes.com. We are a brand of Office Reality Limited, a company registered in England and Wales under company number 05007297 and registered office address 4A Westpark, Chelston, Wellington, Somerset TA21 9AD, Our VAT registration number is 833200179.
1.2. To contact us, please see our Contact Us page http://www.funkihomes.com/contact-us
2. Our Products
2.1. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Please request samples if in any doubt
2.2. We have made every effort to be as accurate as possible, because our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3. All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available.
2.4. Our Products are designed for domestic use only and, generally; do not use commercial grade upholstery or other materials.
2.5. Although we refer to some of our Products as limited editions, we may at our our discretion, introduce the same or similar products in a future product offering.
4. If you are a consumer
This clause 4 only applies if you are a consumer and not purchasing our Products in a business capacity.
4.1. If you are a consumer, you need to be 18 years or over to purchase goods from our site.
4.2. Advice about your legal rights in relation to Products that are faulty or not as described is available from your local Citizens' Advice Bureau or Trading Standards office.
5. If you are a commercial customer
This clause 5 only applies if you are purchasing our Products as a business.
5.1. You confirm that you have authority to enter a contract for any business on whose behalf you use our site to purchase Products.
5.2. These T&C’s and any additional documentation document referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any other statement, commitment either made or given by or on behalf of us which is not outlined in these T & C’s.
6. How do you place an order?
6.1 please refer to the steps set out below:
Click on the Product that you would like to purchase;
On the Product page, select the quantity any colour or size choices and then click add to basket.
Either click on continue shopping or click on go to checkout.
Enter your details in the online form and when they are correct, click Pay Now.
If you are already registered with us as click on login and enter your details but if not, click on check out and create an account.
Complete the online forms as instructed and place your order by clicking on the “Pay Now” button.
6.2. Please take the time to read and check your order at each page of the order process. This will ensure that the right products are delivered.
6.3. After you place an order, you will receive an e-mail payment confirmation from us acknowledging that we have received your order and your payment. The Contract between us will only start from when we send you the Payment Confirmation.
6.4. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 14.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Our right to vary these T&C’s
7.1. We may revise these T&C’s from time to time in the following circumstances:
a. changes in how we accept payment from you;
b. changes in regulatory requirements and relevant laws..
7.2. Every time you order Products from us, the current T&C’ will apply to the Contract between you and us.
7.3. Whenever we revise our T&C’s in accordance with this clause 7, we will keep you informed by stating the update within the top three paragraphs of our T&C’s
8. Your consumer rights to returns and refunds
Clause 8 only applies if you are a consumer.
8.1. Under Consumer Contracts Information, Cancellation and Additional Payments Regulations 2013, you have a legal right to cancel a Contract during the period set out below in clause 8.2. This means that if you change your mind or for any other reason you decide you do not want to keep a Product during the relevant period, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.
8.2. From the date of the Payment Confirmation Your legal right to cancel a Contract starts, which is when the Contract between us is initiated. Clause 8.3 applies, if the Products have already been delivered to you, then you have a period of 14 (fourteen) calendar days in which you may cancel the Contract, starting from the day on which you or someone authorised by you receives the Product unless your Products are split into multi deliveries over different days. In this case you have until 14 days after the day the last delivery was made to change your mind about the Products that you have received.
8.3. For Products from our Mattress Range you have a period of 100 (one hundred) calendar days in which you may cancel the Contract, starting from the day on which you (or someone you nominate) receives the Product. We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Product caused by defects arising from the reasons set out in clauses 11.2 (a) to (i).
8.4. If you wish to cancel a Contract, please contact us in writing before the expiry of the deadline referred to in clauses 8.2 and 8.3 above. Tell us clearly that you wish to cancel by sending an e-mail to [email protected] Your cancellation email is effective from the date and time that you sent it.
8.5. Once a Contract has been cancelled, you will receive a full refund of the price you paid for the Products and a full refund of any applicable delivery charges you paid.The maximum delivery refund will be the cost associated with the delivery of the least expensive delivered product. By this we mean that if we offer delivery of a Product within 3-5 working days at one cost but you opted to have the product delivered on a next day basis at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. We will make any refunds due as soon as possible but in some cases the refund could take upto 14 days.
8.6. If you cancel the Contract after the Products have been delivered to you:
a. Products must be made ready for collection as soon as reasonable practical and in any event no later than 14 days after the date of your cancellation. We will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection.
b. Products must be ready for collection in their original packaging. you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
8.7. Refunds will be made in the same way in which you made payment for the Product. If you are exercising your right to change your mind we may reduce the refund price which excludes delivery costs to reflect a reduction in value if the products have been decreased in value due to mishandling. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.8. Details of your legal right to cancel and an explanation of how to exercise it are provided in the Payment Confirmation.
9. If there is a problem with the Product
9.1. We are legally bound to supply Products that conform with this Contract. Your key legal rights in relation to the Products can be found below. Nothing in these terms will affect your legal rights
Your key legal rights in brief:
Below is a summary of your key legal rights. For more detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Product your legal rights entitle you to the following:
a. up to 30 days: if your item is faulty, then you can get a refund.
up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
9.2. Your obligation to return rejected Products.
If you wish to exercise your legal rights to reject Products you must allow us to collect them from the address that we delivered to. We will pay the costs of collection. Please call customer services on 01823 219160 or email us at [email protected] to arrange collection.
9.3. If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and we will arrange for the collection of the Products from you for no additional charge.
10. Made-to-order range guarantee
10.1. In addition to clause 8 and 9 we provide consumers with a guarantee that on delivery and for a period of 5 years from delivery, the frame of any Product from our Made to Order Range shall be free from material defects caused by faulty workmanship or faulty materials. This guarantee does not apply to the upholstery, springs or in the circumstances described in this clause.
10.2. The guarantee in clause 10.1 does not apply to any defect in the Products arising from:
a.fair wear and tear.
b. wilful damage, abnormal storage conditions, accident, negligence by you or by any third party.
c. loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather;
d. loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects;
e. failure to operate or use the Products in accordance with the user instructions;
f. any alteration or repair by you or by a third party who is not one of our authorised repairers; or
g. any specification provided by you;
If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
10.3. For the purposes of this clause the guarantor is Office Reality Ltd, registered address: 4A Westpark, Chelston, Wellington, Somerset, TA21
10.4. This guarantee gives you the right to a repair if possible. If a repair is not possible a replacement will be provided and if a suitable replacement is not available within a reasonable period which will be determined by us then a refund will be given. When repairing or replacing the Product under the guarantee in clause 10.1 we reserve the right to use an alternative specification..
11.1. All orders will be fulfilled by the estimated delivery date displayed during checkout and on your order confirmation email, unless there is an event outside our control. If we are unable to meet the estimated delivery date we will contact you with a revised estimated delivery date.
11.2. Delivery will be completed when we deliver the Products to the address provided. Please note that our delivery and returns policies differ is delivery outside of UK mainland.
11.3. All deliveries to the UK mainland (excluding Northern Ireland) are included in the Product price. There are two levels of delivery service; one-man and two-man delivery.
11.4. One-man deliveries are generally shipped with a local courier, and arrive in a pre-allocated one-hour time slot Monday - Friday, 9am - 5pm. The Product will be handed over by a one man delivery service will be made to your door and packaging will not be taken away.
11.5. When the Product is available for dispatch our one man delivery partner will contact you by SMS to let you know that delivery will happen the next day. On the morning of delivery our delivery partner will send you an SMS confirming your one hour delivery slot. You will have the option to reschedule delivery to a different date, leave with a neighbour or send to a local depot for collection.
11.6. For one-man deliveries to non-mainland UK there will be an additional surcharge per consignment as follows:
Northern Ireland £10
Scottish Isles/Shetland £10
Channel Islands/IOM £15
Please add 1-2 weeks for deliveries outside the mainland UK. Please note not all delivery services will be available for non-mainland UK deliveries.
12. Two man deliveries
12.1. Two-man deliveries are generally shipped with Arrow XL and arrive in a pre-allocated two-hour time slot with deliveries to most of mainland UK available on at least two different days per week, between 7am and 7pm. Two man delivery service will be made to the room of your choice and the packaging will be taken away. Please note if you are unsure about the Product when it arrives please hold on to the packaging in case you need to arrange a collection.
12.2. You must examine the Product on arrival before you sign for the Product to confirm delivery.
12.3. Two-man deliveries will not be left outside your house or with neighbours or children.
12.4. When the Product is available for dispatch our two man delivery partner will contact you by SMS with three proposed delivery dates for you to select from. If the proposed delivery dates are not convenient you should contact the delivery partner direct to arrange an alternative delivery date. Once your delivery date has been agreed with our delivery partner you may contact the delivery partner to rearrange delivery up to 72 hours prior to the agreed delivery date. A fee of £48 plus any additional costs for non UK mainland delivery will be charged for deliveries rearranged less than 72 hours prior to the agreed delivery date.
12.5. If no one is available at your address to accept and sign for two man delivery a card will be left by our delivery partner asking you to contact their delivery depot at your earliest convenience to arrange an alternative delivery date. A redelivery fee of £48 may be charged. If you fail to rearrange delivery within 30 days your order will be cancelled.
12.6. For two-man deliveries to non-mainland UK there will be an additional surcharge per consignment as follows:
Northern Ireland £45
Scottish Isles/Shetland £45
Channel Islands/IOM £90
Please add 1-2 weeks for deliveries to non-mainland UK. Please note not all delivery services will be available for non-mainland UK deliveries.
12.7. You own the Products once we have received payment in full, including all applicable delivery charges.
12.8. Delivery is not guaranteed beyond the first floor unless the product can be moved in a lift. You may choose to accept the delivery to the closest accessible point, or refuse the delivery.
12.9. Our old mattress removal and recycling service includes the removal and recycling of mattresses only. The delivery partner reserves the right to reject the collection of a mattress that has not been put in a bag or if it is not in reasonably hygienic state.
13. Delivery charges and product prices
13.1. Generally, the prices of the Products will be as quoted on our site. We take all reasonable steps to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.
13.2. Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Payment Confirmation.
13.3. prices are inclusive of VAT (where applicable) at the applicable current rate chargeable in the UK. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
13.4. Product prices include delivery to the UK mainland (excluding Northern Ireland). Deliveries to non-mainland UK will incur a surcharge. Please contact us on 01823 219160 to arrange a delivery to a non-mainland UK address.
13.5. We are constantly adding to our site which contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
a. where the product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised as a mispricing, we do not have to provide the products to you at the lower price; and
b. if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. How to pay
14.1. You can only pay for products using a debit card or credit card. We accept all Mastercard and VISA debit and credit cards and American Express.
14.2. We accept payment for the Products and all applicable delivery charges in full at the point of order. Upon receiving your order we carry out a standard pre-authorisation check to ensure there are sufficient funds to fulfil the transaction.
15. Our liability if you are a consumer
This clause 15 only applies if you are a consumer.
15.1. If we fail to comply with these T & C’s, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these T&C’s or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
15.2. We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.3. We do not in any way exclude or limit our liability for:
a. death or personal injury caused by our negligence;
b. fraud or fraudulent misrepresentation;
c. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 title and quiet possession;
d. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
e. defective products under the Consumer Protection Act 1987.
17. Use of our website
17.1. Accessing Our Site
a. We can’t guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We cannot be liable to you if for any reason our Site is unavailable at any time or for any period.
b.You are responsible for making all arrangements necessary for you to have access to our site.
17.2. Your account and password
a. You must not disclose user identification code, password or any other piece of information to any third party. As part of our security procedures, you must treat such information as confidential.
17.3. Intellectual property rights
a. We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
b. You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
c. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
d. Our status and that of any identified contributors as the authors of content on our site must always be acknowledged.
e. You must not use any part of the content on our site for commercial purposes without obtaining permission to do so from us or our licensors.
18 Information, no reliance
18.1. The content within our site is provided for general information only. You should obtain professional or specialist advice before taking any action on the basis of the content on our site. Although we make reasonable efforts to update the information regulary, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
19. Limitation of our liability in relation to your use of our site
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort including negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
d. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
e. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
f. We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
g. Limitations and exclusions of liability applying to liability arising as a result of the supply of any Products by us to you are set out in clause 14 and 15 above.
a. We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
21. Linking to our site
a. You may link to our home page, only with our permission, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page with our permission.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please contact [email protected]
22. Third party links and resources
a. our a. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
b. We have no control over the contents of those sites or resources.
23. Other important terms
23.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
23.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
23.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
23.7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.